Ly

(PC) Gosztyla v. Ly

Good Law
United States District Court, Eastern District of CaliforniaMarch 8, 20222:21-cv-01717California783 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICHARD JOSEPH GOSZTYLA, No. 2:21-cv-1717 CKD P Plaintiff, v. ORDER B. LY, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se and seeking relief pursuant to 42 U.S.C. § 1983 against employees of the California Department of Corrections and Rehabilitation. On September 29, 2021, the court screened plaintiff’s complaint as the court is required to do under 28 U.S.C. § 1915A(a). The court found that the complaint fails to state a claim upon which relief can be granted and gave plaintiff leave to file an amended complaint. Plaintiff has now filed an amended complaint. As plaintiff already knows, the court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally “frivolous or malicious,”…

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